Currently Browsing: Employment Law

The Different Types of US Visas

Immigrating to the United States provides people with many opportunities for improving their lives. However, these immigration laws is quite complex that it creates plenty of confusion. According to the website of the AmLaw Global, there are different visa options that are available for individuals who desire to migrate to the United States. Here we will look at the different types of visas that applicants can consider:

1. Family-Based Visas

The US immigration policy places a huge importance on family unification. Immigration laws permit US citizens as well as lawful permanent residents to bring their family members to the country. There are 480,000 family-based visas available per year. They are accepted as either immediate relatives or via the family preference system. The former includes the following:

  • Spouses of US citizens
  • Unmarried minor children of US citizens who are less than 21 years old
  • Parents of US citizens who are at least 21 years old

The latter, on the other hand, includes the following:

  • Adult children both married or unmarried as well as brothers and sisters. However, the petitioner should be at least 21 years old to petition for a sibling
  • Spouses and unmarried minor and adult children of lawful permanent residents

2. Working or Employment-based Visas

There are two categories of working visas namely Temporary and Permanent Immigration. It is issued by the US Citizenship and Immigration Services and is also called Employment Authorization Document (EAD). It is shown to employers to show their eligibility to work. All employes are required to request for the Ead or face sanctions.

For temporary visas, there are over 20 types that are available ranging from intracompany transfers (L-visas), athletes, entertainers and skilled performers (P-visas), and others. The applicants are normally sponsored by an employer or certain job offer. Permament working visas are limited to 140,000 a year and are divided into 5 preferences, each with a yearly numerical limit.

3. Refugee Visas

Refugees are individuals who are unable to return to their home country for fear of getting persecuted as a result of their race, membership in a social group, political opinion, and others. Application can be done from a “transition country” outside of their home country. Admission to the United States depends on various factors such as the degree of risk, membership in a group that is of special concern to the United States and whether or not they have families in the country.

4. Lottery System

Established under the Immigration Act of 1990, the Diversity Visa Lottery serves as a dedicated channel for immigrants from countries with low immigration rates in the United States. Every year, 55,000 visas are randomly allotted to citizxens of countries that have sent less than 50,000 immigrants to the US in the previous 5 years. Originally designed for immigrants from Ireland, the program has become the lone channel for individuals from certain regions in the world to become a green card holder.

5. Humanitarian Visas

There are also visas that are issued on special cases.

Temporary Protected Status (TPS). This is given to individuals who are in the United States but unable to return to their home country due to “natural disaster,” “extraordinary temporary conditions,” or “ongoing armed conflict.” It can be granted for 6, 12, or 18 months, or longer as long as the unsafe condition in the country is still present.

Deferred Enforced Departure (DED). DED provides protection from deportation for people whose home countries are unstable which makes return risky. However, DED is authorized at the discretion of the executive branch.

Parole. These are individuals who do not qualify as a refugee or to immigrate using other channels. They are admitted to the United States on a temporary basis for urgent humanitarian reasons or significant public benefit.

Protection from Workplace Discrimination

Not all companies or workplaces are equal or fair, which is why many workers experience workplace discrimination. These workplace biases often result to unhealthy workplaces, firing or unemployment, or harassment or injury. For those who are experiencing discrimination in the workplace, going to work can be a nightmare.

Workplace discrimination is any treatment that is of prejudicial in nature due to a number of causes. Among the most common types of workplace discrimination are based on the race or color, ethnicity, gender, and mental and physical disabilities. It is important for a worker to know the different types of workplace discrimination in order to protect their rights in the company. There are different laws that are used to protect the worker in all stages of employment; from recruitment to working terms and conditions to promotion and dismissal.

It is not only the workers who should be aware of the dangers of workplace discrimination: employers run the risk of fending for themselves when a worker files for discrimination claims. This is because workplace discrimination is not covered by worker’s compensation, therefore anyone who becomes injured in a workplace because of an attack of regarding discrimination can file separate claims as personal injury and discrimination. Although worker’s compensation can cover for the personal injury, it is the employer’s responsibility to pay for the discrimination claim which could be costly in itself.

As attested by Spiros Law, PC, worker’s compensation can only cover for a worker harmed or injured in the workplace due to another worker’s negligence or recklessness. As suffering from an injury while on the job can lead to serious harm and financial burdens, workers who fall victim to other people’s negligence should seek legal help filing for worker’s compensation. If they are discriminated against in the office, then they can file for another claim under discrimination.

United States law prohibits discrimination of any form in the workplace, and it is also illegal for an employer to retaliate or get back on the worker for filing a discrimination claim or have testified or participated in an investigation regarding an incident.